CAcert's Arbitration Forum
CAcert resolves disputes through the Dispute Policy which includes the rules of Arbitration. For a nice introduction to CAcert's forum, see the Handbook. Additional working practices can be found in ArbitrationPractices (wip).
Management of Cases
Disputes for arbitration should be sent by email to support@cacert.org. A Case Manager is allocated, ensures that the case is logged and works with the Dispute Resolution Officer to assign an Arbitrator. The Case Manager's Handbook is a guide to how the CM process works.
The CAcert Community member and others involved in a dispute will be notified of the arbitration via email. An example of the email is in this ArbitrationAnouncement .
For arbitration case managers and arbiters there is a moderated email list: cacert-arbitration@lists.cacert.org .
Here is the list of current ArbitrationCases. More organization probably needs to be done.
Jurisdiction and Law
CAcert chooses the law of NSW, Australia, which is its home. This law is part of the English Common Law tradition, so it has much in common with UK law and US law.
The jurisdiction is CAcert's own: by choosing to run its own Arbitration, it chooses to in essence create its own courts. This works for civil actions, ones between people, but it does not work for criminal actions. The laws of Arbitration also specify various exceptions such as unconscionability, which means forcing someone to do something that is so against their conscience that it is unfair. Note however that the courts of the land define what that means, not the individual.
These choices are established in a clause in the CAcert Community Agreement
Credits
The CAcert Arbitration project was the product of many people: Teus Hagen, Jens Paul, Philipp Güring, Ian Grigg. It was approved in a full sitting of the Board and Advisory at Pirmasens, Germany, m20070918.3
Further Deep Research
For introductions, try:
Wikipedia on Arbitration.
For notes on Arbitration from WT auditors, see this WebTrust Systems Audits framework (for non-CAs), see Appendix A for "Consumer Arbitration." Compare the 12 principles listed within, and google on NAF for some interesting reading...
International Framework
Arbitration operates to an international framework:
Wikipedia on 1974 New York Convention on foreign awards.
Wikipedia on International aspects of arbitration, and why it makes sense for a global organisation such as CAcert.
Australian Law -- Choice of Arbitration Clause
Law of NSW, Australia is the choice of law within the agreement, reflecting CAcert's origins. This suggests that reading the Australian and NSW acts on Arbitration is a good start for deep research.
Introduction to Australian Law on Arbitration
The Arbitration Act of 1974 is the Federal law
Commercial Arbitration Act 1984 is NSW law which also applies.
Brazil
Law 9307/96 on Arbitration (pt_BR) -- Chapter VI on Foreign Arbitrations
Germany
Book 10 of the german civil process order, see Book 10 or try this English translation of The Arbitration Act in Germany.
"SchiedsVZ Journal Promotes Arbitration in Germany" from German Law Journal.
Others....
Should research Netherlands, EU model laws, Austria and USA.
Arbitration Clauses
See:
Wikipedia on Arbitration clause.